§ 13-2(d) — Amendments

Sec. 13-2(d). - Amendments.

The governing authority shall have the authority to amend, modify or repeal by amend the text or map of this title in accordance with the provisions of this section. (1) Procedure. A proposed change of a zoning district or of text may be initiated by the planning commission, governing authority, or by application of one (1) or more owners of property within the area proposed to be changed. a. The governing authority may propose amendments by forwarding its written proposal, which shall set forth the purpose and reason for such proposed amendment, to the planning commission for processing in accordance with the procedure set forth in this section. b. The planning commission may make written proposals for amendments which shall set forth the purpose and reason for such proposed amendment, and which shall be processed in accordance with the procedure set forth in this section. c. The owner or other person having a contractual interest in the property to be affected by a proposed amendment shall file an application with the office of planning and development, which application shall be accompanied by a nonrefundable fee established by the governing authority. d. An applicant for amendment of the zoning district map shall have the responsibility to demonstrate the appropriateness of the change and shall do so by demonstrating the following: 1. How the proposed amendment would conform to the comprehensive plan; 2. Why the existing zone district classification of the property in question is inappropriate or improper; and 3. What major economic, physical or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the comprehensive plan and have substantially altered the basic character of the area, which make the proposed amendment to the zoning district map appropriate. Further, such applicant shall: 4. List such changes; 5. Describe how such changes were not anticipated by the comprehensive plan; 6. Describe how such changes altered the basic character of the area; 7. Describe how such changes make the proposed amendment to the zoning district map appropriate. e. Any proposed amendments, modification or repeal shall be first submitted to the planning commission for its recommendations and report and the planning commission shall hold a public hearing thereon. f. The planning commission shall make its recommendation on such request for any amendment, modification or repeal to the governing authority, and the governing authority shall proceed to hold a public hearing in relation thereto after giving fifteen (15) days' notice of the hearing in an official newspaper specifying the time and place for the hearing. g. The governing authority may refer the application back to the planning commission for additional study before final decision; however, no notice other than for the first public hearing need be given. (2) In case of an adverse report by the commission or in case of a protest against such change signed by the owners of twenty (20) percent or more either of the lots included in such proposed change or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom, and of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of the governing authority.